State Ex Rel. Highsmith v. Brown Service Funeral Co.

FOSTER, Justice.

This is a quo warranto proceeding instituted upon the relation of J. H. High-smith in the name of the State to test the right of appellee, a domestic corporation, to exercise the franchise rights supposed to be granted by an Act of the Legislature, entitled “An Act To further define, regulate and license mutual aid, benefit or industrial companies or associations,” approved June 10, 1935. Acts 1935, page 165. Security for costs was given as required by section 9930, Code.

Appellee claims that relator shows no interest in the controversy, and that one without interest cannot…